I Want My Spouse to Enter Into a Contract With Me About Certain Marital Issues. Can We Enter Into a Postnuptial Agreement in Florida?
Yes, postnuptial agreements are legal in Florida. They are agreements that
spouses enter into after they are married. Normally, postnuptial agreements
cover the same topics that prenuptial agreements cover.
The primary topics covered in a postnuptial agreement normally include the rights of the parties regarding their property, including the right to buy, sell, mortgage, lease, or otherwise control the property; the establishment or waiver of alimony; the creation or modification of wills or trusts; life insurance policies; and how property will be divided in the event of a divorce. The biggest issue with prenuptial and postnuptial agreements is how often they are set aside. Postnuptial agreements must be drafted and executed very carefully in order to be validated.
Some situations where postnuptial agreements may be invalidated include:
- A failure to disclose all financial issues or fraud. This is a common reason why these agreements fail. It’s critical that both parties truly and accurately disclose in writing all of their assets, income, and liabilities.
- Duress or coercion. This could include making threats if the other party doesn’t sign the agreement or convincing one party to sign the agreement without reading it.
- Unreasonableness. If the postnuptial agreement is unreasonable, the court may set the agreement aside.
Posted By
Dale L. Bernstein, Chartered Law Office
Categories:
The primary topics covered in a postnuptial agreement normally include the rights of the parties regarding their property, including the right to buy, sell, mortgage, lease, or otherwise control the property; the establishment or waiver of alimony; the creation or modification of wills or trusts; life insurance policies; and how property will be divided in the event of a divorce. The biggest issue with prenuptial and postnuptial agreements is how often they are set aside. Postnuptial agreements must be drafted and executed very carefully in order to be validated.
Some situations where postnuptial agreements may be invalidated include:
- A failure to disclose all financial issues or fraud. This is a common reason why these agreements fail. It’s critical that both parties truly and accurately disclose in writing all of their assets, income, and liabilities.
- Duress or coercion. This could include making threats if the other party doesn’t sign the agreement or convincing one party to sign the agreement without reading it.
- Unreasonableness. If the postnuptial agreement is unreasonable, the court may set the agreement aside.